The following excerpt is from Leyva v. Medline Indus. Inc., D.C. No. 5:11-cv-00164-RGK-MAN, No. 11-56849 (9th Cir. 2013):
The district court applied the wrong legal standard by concluding that individual questions predominate over common questions. The only individualized factor that the district court identified was the amount of pay owed. "In this circuit, however, damage calculations alone cannot defeat certification." Yokoyama v. Midland Nat'l Life Ins. Co., 594 F.3d 1087, 1094 (9th Cir. 2010).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.